IN THE MATTER OF DONNA JACKSON

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

IN THE MATTER OF DONNA JACKSON,

HUDSON COUNTY.

_______________________________________

December 9, 2015

Argued September 30, 2015 Decided

Before Judges Fuentes and Gilson.

On appeal from the New Jersey Civil Service Commission, Docket No. 2014-634.

Michael S. Doran argued the cause for appellant Donna Jackson (Cammarata, Nulty & Garrigan, L.L.C., attorneys; Mr. Doran, on the brief).

Cindy Nan Vogelman argued the cause for respondent County of Hudson (Chasan Leyner & Lamparello, attorneys; Ms. Vogelman, of counsel and on the brief; Reka Bala, on the brief).

Todd A. Wigder, Deputy Attorney General, argued the cause for respondent New Jersey Civil Service Commission (John J. Hoffman, Acting Attorney General, attorney; Mr. Wigder, on the brief).

PER CURIAM

Donna Jackson appeals from the final decision of the Civil Service Commission (Commission) dismissing as untimely her appeal challenging her termination as a Hudson County Correction Officer. Appellant does not dispute that she did not file her appeal with the Commission within twenty days of receipt of the final written determination of the appointing authority, as required under N.J.S.A. 11A:2-15. It is also undisputed that appellant was personally served with the Final Notice of Disciplinary Action (FNDA).

Relying on In Re Allen, 262 N.J. Super. 438 (App. Div. 1993), appellant nevertheless argues the Commission should have exercised its discretionary authority under N.J.A.C. 4A:1-1.2(c) to relax the time restrictions for filing the appeal because she established "good cause" for her failure to file the appeal on time and it is in the interest of justice to decide this case on the merits. We disagree and affirm substantially for the reasons expressed by the Commission.

The facts pertaining to appellant's receipt of the FNDA are uncontested. The FNDA that memorialized the reasons for appellant's termination was dated July 25, 2013. That document also contained the following statement

You have the right to file an appeal within 20 days from receipt of this form. All appeals must include a copy of this form and must be sent to BOTH the Civil Service Commission [describes address] AND the Office of Administrative Law [describes address].

Appellant was personally served with a copy of FNDA on July 25, 2013, and signed acknowledging receipt of the FNDA on that same date. She thereafter did not return to work. Although, at appellant's request, the County attempted to send her attorney a copy of the FNDA via email, the evidence shows the email was returned as "undeliverable." However, the appointing authority is not legally obligated to serve appellant's counsel. As N.J.A.C. 4A:2-2.8(a) makes clear

An appeal from a Final Notice of Disciplinary Action must be filed within 20 days of receipt of the Notice by the employee. Receipt of the Notice on a different date by the employee's attorney or union representative shall not affect this appeal period.

The time restrictions for filing an appeal to the Commission under N.J.S.A. 11A:2-15 are jurisdictional and mandatory. Borough of Park Ridge v. Salimone, 21 N.J. 28, 46 (1956). The Commission does not have the power to accept an untimely appeal. Mesghali v. Bayside State Prison, 334 N.J. Super. 617, 621 (App. Div. 2000), certif. denied, 167 N.J. 630 (2001). "When a statutory time limitation for filing an administrative appeal is mandatory and jurisdictional, it may be extended only by the legislature, not by an agency or the courts." Ibid.

Here, appellant's failure to file a timely appeal was caused by her failure to communicate with her attorney and provide him with the copy of the FNDA she received on July 25, 2013. There are no legal grounds to overturn or modify the Commission's final decision.

Affirmed.